On December 2, the Arizona state legislature filed this 60-page opening brief with the U.S. Supreme Court in Arizona State Legislature v Arizona Independent Redistricting Commission, 13-1314. Article One of the U.S. Constitution says that “the legislature” shall write laws concerning congressional elections, unless congress chooses to write them instead. The issue in this case is whether the language of Article One means that independent redistricting commissions are not permitted to draw U.S. House district boundaries.
The Arizona independent redistricting commission includes of two members appointed by the majority party in the legislature, and two appointed by the second largest party in the legislature (then those four commissioners choose a fifth commissioner). Page 50 says that nowadays, a state legislature “might include a few Greens and Libertarians” and criticizes the Arizona law for not ever making it possible for a third party that might have legislators to have a role in choosing members of the Commission.
The brief of the Redistricting Commission is due January 16, 2015. If the U.S. Supreme Court sides with the legislature, that precedent would probably affect ballot access law in certain states. For instance, Pennsylvania’s petition deadline for independent and minor party candidates was set in 1984 by the State Elections Department, not the legislature, and the Arizona case outcome might upset that Pennsylvania arrangement. Thanks to Rick Hasen for the link.
